King

On the 25th day of September, 1928, plaintiff issued an insurance policy covering the life of Frank Mathew Kasshafer for the *614 amount of $2,500. The poliey included additional provisions which covered the insured in the event of death by accident in the further sum of $2,500, and in the'additional sum of $2,500 in the event accidental death was caused while the insured was operating, driving, riding in, or waS struck by, an automobile. Application for this policy had been made on or about the 18th of August of the same year.

The insured died on February 25, 1930. On June 17,1930, and prior to any action being instituted to recover under the terms of the policy by the beneficiary, the insurance company brought this suit, wherein it sought to have rescission of the contract of insurance decreed. The ground of the action, as alleged, was that the insured had, in answer to questions set forth in his written application, fraudulently represented that he had not consulted any physician within the three years prior to the date of the application in respect to an illness arising from peptie ulcer, except Dr. Paul. Wright, who had treated him in 1925 for that physical disorder. It was…